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Elton John recently announcedÂ he would like to adopt a little boy who is HIV-positive he met while touring a Ukrainian orphanage. According to Ukrainian law, however,Â Elton John and partner David FurnishÂ may not be allowed to adopt the baby boy named Lev.

Family, Youth and Sports Minister Yuriy Pavlenko said on Monday that Elton John would not qualify to adopt the child under adoption Ukrainian law. According to the law, a couple must be legally married in order to adopt a child from the Ukraine and Elton John and David Furnish’s UK civil union doesn’t count. In addition, gay couples are banned from adopting in the country and adoptive parents cannot be more than 45 years older than the child. Elton John is 62-years-old.

“Elton John will not be able to adopt a Ukrainian child and if he files that request we will unfortunately deny it,” Pavlenko said. “The law is the same for everybody: for a president, for a minister, for Elton John.”

Only a special dispensation from Ukrainian President Viktor Yushchenko might be able to give Elton John and partner David Furnish a way around the restrictive adoption laws. If granted, however, it would reportedly mean John would also have to adopt Lev’s brother, who also lives at the orphanage.

Elton John said the little boy had stolen his heart and he was inspired by the recent death of keyboardist friend Guy Babylon to adopt the child. “What better opportunity to replace someone I lost than to replace him with someone I can give a future to?” the pop icon said in a press statement.

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